Topic: in the case of a failed gift of a portion of an estate or r… · Go Syfert
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Topic #37062

3 canonical passages across 3 cases, quoted by 9 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from DeParcq v. O'Brien.

#Case FlagCanonical passage Citers
1 DeParcq v. O'Brien Anchor
cal · 1938
green “in the case of a failed gift of a portion of an estate or residue, this section may be applied in appropriate circumstances so as to prevent an intestacy or a distorted disposition.” 3
2 Estate of Mooney
calctapp · 2008
green “are not entitled as a matter of law to receive the 35 residuary gift but may receive it in part or in its entirety if the court, at a trial to be calendared, later reforms the holographic will to reflect such an alternative disposition of the residuary gift.” 3
3 Catch v. Phillips
calctapp · 1999
green “that portion of any residuary estate that is the subject of a lapsed gift to one of the residuary beneficiaries remains undisposed of by the will and passes to the heirs-at-law.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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